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tv   The Last Word With Lawrence O Donnell  MSNBC  December 5, 2022 7:00pm-8:00pm PST

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best new thing in the world today. not actually brand new as of today, but that is kind of fitting in this case because today's best new thing in the world comes to us courtesy of our beloved associate producer holly, who used to work in the nbc news archives where we stumbled upon her and found that she was a total whiz at finding amazing archival news footage that nobody else could find for us. we, therefore, stole her so she would do that amazing archives work for us. drum roll, please. the best news from the archives today is that holly and her husband, kevin, have just had bl bambino, she was born last week, her name is kyra, honora be mahoney. holly and kevin are absolutely over the moon, they say they kira are already loves snuggles, and our parents, and also the buffalo bills.
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she has already watched her first bills game last thursday, and the bills won, and not saying those things are related, i'm not saying they're not. beloved baby kyra, you are the best new thing in the world today, can't wait to see you. that does it for us tonight, so again and she's 45 eastern, when we start our special coverage of the senate election tomorrow. i was time for the last word with lawrence o'donnell, good evening lawrence. good evening rachel, i'm gonna do that sneak around the camera, because you are right across the room. we are finally actually roommates, for the second time and studio history. this is just the most fun i can have on tv. >> you know that means though? tour we'll. if you're gonna be roommates, they're gonna have a chore we'll. >> see how clean this floor is, i was sweeping that floor, all afternoon, because i knew you are coming, as kind of shiny, that's all me. >> i sort of believe you, but
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i'll be checking -- >> don't even think about the choice. thank you rachel, i'll see you tomorrow night. >> all right, indeed. >> well, this weekend, as donald trump's criminal defense lawyers watched helplessly, their clients, and another act of breathtaking legal stupidity, confessed, again. this time, donald trump's new criminal confession, will be of extreme interest to the federal prosecutors, have convened a grand jury in washington d.c., investigating donald trump's intent on january 6th. this is when donald trump issued a written statement, no doubt without consulting's defense lawyers, saying, a massive fraud of this type of magnitude, allows for the termination of all rules, regulations, and articles, even those found in the constitution. no president of the united states has ever advocating to
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running the constitution, no former president has. losing presidential candidate met representing a major party, has ever advocated terminating the constitution. and here is what don thinks should happen, after the constitution is terminated. quote, throw the presidential election results of 2020 out, and declare the rightful winner. >> that is exactly what donald trump is trying to do on january 6th. donald trump is now the subject of a federal criminal investigation washington d.c., grand jury, about what he was trying to do, leading up to and on january six. last week a federal judge ordered donald trump's white house counsel, and deputy white house counsel to testify under oath about what they know donald trump is trying to do on
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january six, and on friday, those two witnesses showed up, to testify, under oath, to the grand jury at the courthouse in washington, that was on friday. and the very next day, donald trump advocates the termination of the constitution. donald trump's activities leading up to january 6th, and on january 6th, resulted in don champion indicted, and investigation now being run by special actual prosecutor jack smith, donald trump could save him, if he can testify, convincingly, under oath, in a trial of those charges. but, if donald trump were to take the witness stand in his own distant events in such a trial, in front of the -- jack smith would now be able to ask this question knowing the answer. question, mr. trump, have you
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ever advocated the termination of the constitution? on january 6th, donald trump is publicly arguing that a massive fraud deliver the presidency to joe biden. and what donald trump said this weekend, to justify instrument in the constitution is, a massive fraud of this type of magnitude, us for the termination of all rules in articles, even those found in the constitution. now, it would be fair for a criminal jury, a trial jury to infer that that is not a new thought that first occurred to donald trump this weekend. there is no new massive fraud that dom who's referring to. when he was actually referring to? or photographs of hunter biden naked. taken at the worst depths of hunter biden's admitted
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struggles with addiction the nearly took his life. seriously. that is what provoked donald trump's statement. the new owner of twitter, released some, and just some of what was apparently twitters internal correspondence about whether they should allow postings of naked pictures of hunter biden, towards the end of the presidential campaign, in 2020. it is against twitter's own rules to post naked pictures without the consent of the person in the photograph. the biden campaign asked twitter to follow their own rules, and not asked post those photos and her follow its own rules, and didn't post a photographs. twitter also shows at the time, not to allow any posts linking to, a new york post story, about what the new york post said where the contents of a black top to hunter biden apparently left at a repair shop in delaware.
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nothing incriminating two or about joe biden anyway, have been reported, as part of the alleged contents of that laptop. and so, what donald trump is saying this weekend is that, twitter's failure to publish and making issues of hunter biden, quote, allows for the termination of all rules, regulations, and articles, even those found in the solution, not trump was slicing that if voters could just see they would've never voted for joe biden as president. as soon as donald trump made that public statement this week, i tweeted the question i just told you. a prosecutor could ask don trump. about advocating termination of the constitution. many others of their own version of that kind of question on twitter, and soon enough, donald trump realized just how incriminating that statement actually is.
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and survey, whose two days later, donald trump tried to fix the enforceable within newer nze. the fake news is actually trying to connect people that i said i wanted to terminate the constitution te the what i said was when there is massive widespread fraud and deception, as has been irrefutable e proven in the 2020 presidential election, steps must be immediately taken to the right the wrong. only fools would disagree with that and except stolen elections. only a fool would say a massive fraud of this type of magnitude allows for the termination of all rules, regulations and articles even those found in the constitution. leading off our discussion tonight are andrew weissmann, former fbi general counsel and
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the chief of the criminal de vision in new york. he is the professor of practice in nyu school of law, and an nbc legal analyst. also with us new your representative elect, a house counsel for -- his assistant u.s. attorney for the southern district of new york. congressman-elect, goldman. there are moments when prosecutors come upon the gold. they come upon the nugget, they come upon the key that unlocks other mysteries within the investigation. those are, historically, seldom found in on twitter, in public written statements by people. what is your reaction to donald trump saying that i want to, i want to get your reaction as a congressman elect and secondly your reaction as a prosecutor to the former president, this criminal suspect, suspected of
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this particular criminal intent saying that he is advocating termination of the constitution. >> well look, as an elected representative, one of the things that immediately struck me is that donald trump is not alone and isolated on his social media platform. he remains the leader of the republican party and the vast majority of the republicans in the house of representatives still pay fealty to him. and so we are really laughed, republicans especially are left, with a very simple question. do you believe in democracy or do you believe in donald trump? there is no other way around it, certainly we have been saying this for -- in many variations over the last several years, but he put it so starkly in that social media post.
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from a legal perspective, and you make the right point lawrence, which is that andrew and i know, we are taught that you do not look for the smoking gun, it is so rarely happens. donald trump probably has made more admissions against his own interest than any potential defendant i have ever had combined in my ten years as a prosecutor. the question becomes is this admissible, is it not? which is a debate for another day, but it reflects his complete disdain for the law, for the rule of law, for our constitutional structure. at this point, if he continues to be the leader of the party it is leading that republican party to a path of destruction, or our country will be destroyed. >> andrew weissmann, there is a question of visibility here, which is why i put it in terms
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of, donald trump taking the witness stand in his own defense, in a potential january 6th prosecution. when he's on the witness stand, in his own defense, cross-examination has a significant latitude and it seems to me that it would not be that hard to go down a road that could lead to the admissible question, have you ever advocated terminating the constitution? >> well sure. to me, this is something that the government is going to argue pretty forcefully that it is going to come in as an admission. that is, when you are a defendant, your prior statements, if they are relevant and probitive of something, they come into evidence as an admission, even if you never take the stand. but certainly lawrence, if you do take the stand, you could be cross-examined on your prior statements. here you are gonna be arguing that this is somebody who is
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lawless. what is going on is past the facts of law are creeping together and holding him to account, you see people like donald trump, rudy giuliani, sydney powell, scurrying around trying to say that either the law is wrong or the facts do not matter, or they are not what they say there are. but you feel this news tightening as you see each of them being held to account, and i would say finally being held to account. i think the statement, frankly, has only got worse when donald trump tried to whitewash it. both of those things come in, in other words exactly what you did lawrence would be played out in court to say this is really damning evidence, and he knows it as he then tries to deny that he said it. >> daniel goldman, presumably, when this comes out in the trial, if a trial like that
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were to occur, the trump defense would try to argue no, he said that in december of 2022, he said that almost two years after january 6th. so it could not have any possible relevance to january 6th. >> donald trump is a walking false inculpatory, which is a fairly complicated legal doctrine, but basically says that if you intentionally make false statements to conceal your own guilt it can, in some circumstances, be admitted in furtherance of your own guilt. but we have seen this all the time. on january 6th, lawrence, he clearly incited the crowd, which we now know from the january six committee that he knew was armed and dangerous. and he routes them and incited them to go to the capital and
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march on the capital. but, he also said that we are going to go peacefully. he threw that in there one time. so now, as we have heard over and over, he refers to that one statement as an indication of what he really, truly meant, not everything else that is there. andrew and i have both prosecuted my bosses and this is the type of behavior that you see out of the mob, where they're trying to cover their own tracks. they will slip in these false exculpatory's, and that is really donald trump's mo here. so we are getting into a lot of technical legal fees, about what will come in and what wouldn't, but i think the bigger and broader point here is that we are also seeing donald trump dissembled. he is getting more and more extreme and unhinged and we always think that there is a
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bottom, but what it's really clear is that there is no bottom with donald trump. he will burn the whole country down in his effort to overtake the presidency and install himself into power. it really is incumbent of every republican in elected office to stand up to that, and every republican around the country to vote in a primary for some sort of candidate who is loyal to the constitution, not to their own personal interests. >> andrew weissmann, it sounds like you are saying that, in the theoretical trial that could result in donald trump being a defendant involving charges on january 6th, that saying he wants to terminate the constitution on one day and two days later publicly saying he did not say that makes it
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even worse that he said it the first time because two days later he seems to realize how incriminating the statement is. >> absolutely. it is classic obstruction of evidence. when i was a prosecutor, what you would look for is there a document that somebody tried to hide or destroy or rip up, because if you found it you would say, here is the document that the defendant knew was so damning that he tried to destroy it so that you would never see it. now let's talk about what's in that document and why he never wanted you to see it. that is what you do here. as dan said, there is an abundance of statements. this is an unusual case where, because donald trump is playing to a different audience then a jury, you have so many statements, this really is not going to be about the facts and
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the law, this is going to be a fight, as dan correctly said, for the soul of the country. because the facts and the law are going to be here, and you're going to see donald trump continue to engage in an onslaught not just on prosecutors and the media, but on the court system itself as he is increasingly held to account. >> andrew weissmann and congressman-elect dan goldman, thank you both very much for examining this fascinating new piece of evidence from donald trump, this confession. thank you very much for starting us off tonight. >> thanks lawrence. >> coming up, on the eve of georgia senate election day, we will be joined by one of the democratic majority makers, senator mark kelly who had his election certified today, despite the efforts of election liars in arizona. arizona senator mark kelly joins us next. joins us next.
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certified its election results after some election denying officials and one republican county were given a court order to certify election results. that is what is come to. next year, democrats will hold the governorship. secretary of state office, and both u.s. senate seats for the first time in over 70 years in arizona. senator mark kelly reelection in arizona help the democrats preserve there from --
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a 50 seats in the united states senate, and the election in georgia could give it 51 senators. here's what obama said about that while he was campaigning for the reelection of senator raphael warnock in georgia. >> an extra senator gives democrats more breathing room on important bills. it prevents one person from holding up everything. and it also puts us in a better position, a couple of years from now when you've got another election but the senate math is going to be tilted in the favor of republicans. and it will help prevent republicans from getting a filibuster approved majority that could allow them to do things like passing a federal abortion ban. >> joining us now is democratic
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senator mark kelly of arizona, senator thank you very much for joining us. you joined us during the campaign and it is a pleasure to welcome you back tonight as a winner in the winners circle. what is it mean for arizona that democrats now dominate statewide elective office there. >> hey lawrence, thank you for having me again, it is nice to be after the election. we will finish that up tomorrow, i've got a lot of confidence that senator warnock is going to win this election. it is important that he does, for some other reasons, doing hope that we can talk about that. you know, in arizona, if elections are about choices and whether it is our future governor katie hobbs or the secretary of state race, or one that you did not mention, the attorney general's race, it is very clear that arizona wanted hard workers, competence, and
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they wanted to move away from stuff that just is not important for our state. denying the 2020 election, they want folks that are focused on solving the problems that we face. that is what i've done over the last two. years >> you've been working in a 50/50 senate, which i have to say, having worked in the senate myself, it is just unimaginable to me. i do not know how you guys have gotten through it. you are hoping for 51, you might get to 51 tomorrow night. what difference would 51 make? >> well lawrence, let me also say it has been 50 50 for two years, but that is fine. i think that the senate works best when we are willing and able to work across the aisle. republicans and democrats working together get stuff done, and we did that on veterans health care, infrastructure, and on the chips act. really important pieces of
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legislation that moves country forward. tomorrow we've got this election in georgia. let me tell you why this is really important, it is not just about numbers. i mean, i've got here with senator warnock, i worked with him for two years, he has been a public service most of his adult life serving the state of georgia. he is smart, capable, he is delivered for the state of georgia and this country. that is what we need in the united states senate, so i look forward to serving another two years with him after the election tomorrow. >> over the weekend we saw that the last republican president, donald trump, has called for determination of the constitution. i want to take a look at what one republican member of the house, david joyce, said to george stephanopoulos about this. >> he would support a candidate who is for suspending the
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constitution? >> he says a lot of, things have taken in context. >> senator, we have some republicans saying that they disagree with donald trump's advocating terminating the constitution. but when you ask them if donald trump is the robin amani for president, will you vote for him, they are still with him. >> well, they should not be. we should have somebody in the highest office who does not believe in the constitution and thinks it should be suspended so that he could be appointed. we have seen stuff like this before and i think, in this election, here in 2022, the american people made decisions across the country that that does not work for them, and what the american people want and what they will get in races in arizona, and i'm pretty confident in georgia tomorrow, our individuals that believe in the constitution, believe in our country, want a better
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future for everybody, and folks that are just willing to work hard, but, the divisiveness aside, and just do what is in the best interest for all of us. for me, that is more of the same, it is more noise, and it has been resoundingly rejected by the american people. >> it is hard to think of a less qualified senate candidate then donald trump's candidate in georgia, herschel walker. is it your sense that voters are, in races like this, are not necessarily just voting for the democrat, but they're actively voting against this republican choice? >> i think it is different things for different people. i know in my race in arizona i had wide support from republicans, republican mayors and county supervisors,
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business leaders, law enforcement they would come up to me frequently but, also endorsed me. republican mayors because they are tired of what they have seen over the last six years now. they just want to get things done and they just want the noise to be in the past and they want folks that will focus on the future i know reverend warnock will do that, he has done that for two years he is smart, confident, and he's done it for two years. i'm looking forward to seeing him when he gets back up here later this week. >> senator mark kelly, thank you very much for joining us again tonight. >> any time lawrence, thank you for having me on. >> thank you. coming up, the chair of the georgian democrat party, congressman williams will join us on the night before georgia's big election day. that is next. that is next ke) deep-sea driving, i see... (customer) something like that... (burke) well, here's something else: with your farmer's policy perk, new car replacement, you can get a new one.
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warnock in a discussion with joy reid right here on msnbc said this about his republican campaign opponent herschel walker who has donald trump's full support. >> here is what we know, we know that he is unprepared, we know that he is unqualified, and we -- it gives me no pleasure to say this but in the business of truth telling, he is unfit to represent the people of georgia in the united states senate.
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[applause] >> we have seen that time and time again, i do think that it is graceful for someone who is running for public office to be unwilling to tell us the truth about the basic facts of their life, telling us lies that are easily disputable. like, we all know that herschel walker is not a police officer. >> i mean, he had a badge. >> well he wears his lies as a badge of honor, literally. but we know that he is not a police officer and i think that tomorrow night, the people of georgia are going to stand up and say we know that he is not a u.s. center also. this race is not even about republican versus democrat, red versus blue, right versus left. it is right versus wrong, and i think people see that. >> joining us now is democratic congressman williams she is the
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chair of the georgia democratic party. thank you very much for joining us on this very important night for you. herschel walker seems to be the issue here, as we close this campaign. the warnock campaign has focused on his own suitability as they argue it and on the republican side there is no policies, there is just herschel walker. >> i, mean it is true, lawrence. if you look at the two candidates, georgians understand that there is only one candidate in this race who has the competence and character ready to lead us for six years in the u.s. senate and that is reverend raphael warnock. think about the pattern of lies and bizarre statements and everything that herschel walker has put on display throughout this campaign trail, that is why we are seeing the early voting numbers that we have had because georgia voters understand what is at stake and they are turning out because
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they understand that we have real choice on the ballot tomorrow and we need to send our senator back to washington fighting for us. >> herschel walker was on fox tonight with sean hannity and another guy, i just want to put that image on the screen here, we don't have to hear what they're saying because it is not worth listening to. but, there is lindsey graham, right besides herschel walker during that interview the entire time because apparently the republicans do not believe herschel walker can do that kind of appearance alone. our georgian voters insulted by that kind of presentation of a candidate to them? >> georgia voters have been paying attention this entire election cycle, and that is why we have seen over 75,000 voters who did not even vote in the general election, have already turned out to vote early in this runoff election. we have seen everything on full
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display for herschel walker and have taken notice. georgians are showing up to make sure that we send warnock back to the u.s. senate, because we need someone who can do the work and really understand the job. the u.s. senate is a big job, you understand this, and there's only one candidate in this race who is ready and that is why we are turning out in order. i cannot wait to watch the numbers come in tomorrow night as we celebrate sending our senator back fighting for all georgians. reverend warnock just said before, this is not about democratic republicans, this is about someone who is fit to serve in the body of the united states senate and senator warnock has proven that he is ready. >> let's listen to more about what senator warnock had to say dejoy read to night. >> it is a special thing for the people of your state to say when you think about our lives and we look into the eyes of our children and imagine the
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future that we want for them, when we think about our aging parents and the burdens that come with the blessing of aging, since we cannot all go to washington, we trust you to go to washington and be thinking about us and thinking about our families. for me, that is a sacred trust. it is something i take very seriously and the people of georgia deserve a serious candidate. >> as the chair of the party, what are the key returns you're going to be looking for tonight? steve kornacki is going to be giving us his view here, but where do you look? where are the returns, where is a district that you are looking for votes in. >> lawrence, i represent the seat that was once held by john lewis, and i'm watching the numbers come in because we know that we have done the work, the voters are turning out, if they have not already voted, if you
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are listening tonight the polls are open tomorrow from 7 am to 7 pm. go and make your voices heard y'all because we still have 12 hours left in this election, so we've got to finish this election. >> the chair of the georgia democratic party, congresswoman williams, thank you very much for joining us on this important night. >> thank you lawrence. >> thank you. coming up, according to one government official around the morality police there have been disbanded after months of protests over the death of a 22 year old woman in the custody of the morality police for the crime, they said, of not wearing her head scarf properly. that is next. that is next
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partner fischel said that, quote we have seen the reports but will not comment on ambiguous or vague claims sadly nothing we have seen is improving its treatment of women on peaceful protest. joining us now want again is mahsa alina jean, she is an iranian journalist, thank you very much for joining us. what do we know about the morality police? have they've been disbanded? >> not at all to be honest, we iranians were shocked that we saw this headline is going around everywhere around the world that the morality police has been abolished, the day that the iranian regime actually shot down one park,
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just because one of the employees was unveiled. let me be very clear with you, this was a big lie, but the iranian regime knows that when they are in crisis, they know how to use propaganda tactics to change the narrative around the war, and within society there was a call for action are for nationwide strikes, and that is why they were trying to calm down the protesters. this is not going to happen, because compulsory hijabs, according to the law, if women do not wear hijab they will not be able to get any education. they will not be able to get a job. so this was part of the propaganda move by the islamic republic. >> you have said from the start we quickly became bigger then the issue of the hijab, and that it is not actually about
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the regime itself. >> exactly. we that is why -- the victory for iranians. what kind of journalism is that? why did we not do any research about it? there is not a slogan about iranian people asking for morality police to be abolished, there is no single slogan in the streets that you hear people pull saying that we want to get rid of compulsory hijab laws. the protests started about the brutal death of mahsa amini, a 20 year old woman in pleas custody, but immediately people were loud and clear enough to say that we want an end for their exam like republic. we want to get rid of the regime, and you know what happened? in two months the iranian regime killed more than 500 people, arrested 18,000
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peaceful protesters and the members of the parliament actually signed a letter to the judiciary system to execute some of these protesters. how come such a regime come up with idea saying, we want to get rid of morality police. no, this is clear. when the dictators are shaken, when they are in crisis, then they use propaganda to spread disinformation around the world. this is what putin has been doing. the dictator of china has been doing, this is what majorities been doing, and this is what the gang of killers for national media to spread disinformation and fake. news >> that is why we needed you here to clarify exactly these point. thank you very much for joining us again once in tonight. >> i really appreciate for giving me time to clarify this. >> we really needed it.
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make it your mission. learn how abbvie could help you save. if you run a small business, make it your mission. you need the most from every investment. that's why comcast business gives you more. more innovation... with our new gig-speed wi-fi, plus unlimited data. more speed... from the largest, fastest, reliable network... and more savings- up to 60% a year on comcast business mobile. all from the company that powers more businesses than any other provider. get started with fast speeds and advanced security for $69.99 a month for 12 months. plus ask how to get up to a $750 prepaid card with qualifying internet. i know there's conflicting information about dupuytren's contracture. i thought i couldn't get treatment yet? well, people may think that their contracture has to be severe to be treated, but it doesn't. if you can't lay your hand flat on the table, talk to a hand specialist. but what if i don't want surgery? well, then you should find a hand specialist certified to offer nonsurgical treatments. what's the next step? time for tonight's last word.
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visit findahandspecialist.com today to get started. >> my name is -- i am 14 years old and i am -- my favorite subject is history because i want to be a lawyer. >> faith is in her second year
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of high school in malawi thanks entirely to you and your contributions to the kind fund, which supplies desks to schools in malawi and scholarships for girls to attend high school in malawi, where public high school is not free. face lives with her grandparents and her family cannot afford the school fees because her father died when she was in the fourth grade. >> what bothers me most is that i lost my father, that he could not do the things that a dad could do for a daughter, because if my father was alive he could help pay for my school fees. yeah. it hurts more knowing that my future is going to be bright, so what about father's day? -- you know, i just can't.
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so that -- >> now i know that my future is going to be bright, so what about father's day? maybe in the future i would have bought something for my father. face, things about the past and her lost father even as she thinks about her bright future. faith feels that her future is going to be bright because now she knows that she is going to be able to finish high school because the kind fund has provided faith with the scholarship that covers tuition, room, board, school uniform, other clothes, notes, books, pens, pencils, shampoo, toothpaste, sanitary supplies, all the things that she could not afford before and would not have without the scholarship. before faith got a scholarship she was afraid of trying to make friends at the beginning of high school.
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>> at first i was afraid to associate with others because i did not have what they had. they have exercise books, there were a few, and now i can say that i have good things. i'm not even afraid, because i was afraid that maybe they would laugh at me, that i did not have the necessities for my education. >> if you can help girls like face attend high school and contribute any amount at last we're desks dot msnbc.com, you can specify if the donations for scholarships or desks. i created the kind funds 12 years ago as a partnership between msnbc and unicef. in that time, you have provided school desks for over 1 million children in malawi and you have helped over 25,000 girls attend
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high school in malawi. it has been just a week since i mentioned the kind fund this year for the first time and in that week you have contributed 1 million $357,777. you can make a contribution in the name of anybody in your holiday gift, and unicef to will send them an acknowledgment of your gift. cynthia danny tweeted in honor of my two adult boys who are now in college, i'm donating to provide desks for kids in malawi. we are blessed. when we visited her school a few weeks ago, faith made us a promise. >> my promise to the kind fund and unicef is that i will not let them down, i will do better and i will be a lawyer no matter what. -- >> i will not let them down, i
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will do better and i will be a lawyer no matter what. to help people get the justice that they deserve. face, gets tonight's last word. the 11th hour with stephanie ruhle starts now. ruhle starts now tonight, the eve of georgia's runoff election and voters have already smashed early turnout as raphael warnock and herschel walker battle it out for the last senate seat. then, a critical week for the supreme court. today, hearing a case on free speech. an lgbtq equality, before another big case later this week about elections. and as the twice impeached former president and current republican candidate, donald p

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